GOVERNMENT REGULATION ON PRESERVING WILD FLORA AND FAUNA SPECIES
Referring to this Government Regulation:
(1) Exploitation of wild flora and fauna species aim to make the wild flora and fauna species may be exploited everlastingly for the largest benefit of the people prosperity.
(2) Exploitation of wild flora and fauna species is conducted by controlling utilization of wild flora and fauna species or the parts thereof and products thereof by remain taking care of species diversity and ecosystem balance.
Exploitation of wild flora and fauna species shall be executed in the form of:
(1) Study, research and development may be conducted to protected or not protected wild flora and fauna species.
(2) The use/exploitation of protected wild flora and fauna species for the interest of study, research and development must obtain permit from the Minister.
(3) Taking wild flora and capturing wild fauna from the natural habitat for study, research and development shall be further regulated by the Minister.
(1) The results of study, research and development of the protected wild flora and fauna species must be advised to the Government.
(2) The Government shall specify the research institution and or conservation institution commissioned to document, maintain, and manage the study, research and development result as referred to paragraph (1).
(3) Implementation provision as meant in paragraph (1) and paragraph (2) shall be further regulated by the Minister.
(1) Provision on study, research and development toward wild flora and fauna species by foreigner in Indonesia conducted according to prevailing law and regulations.
(2) Study, research and development toward wild flora and fauna species of Indonesia conducted abroad may only be conducted after obtaining recommendation from the Science Authority as referred to Article 65.
(1) Breeding for the purpose of species exploitation shall be conducted through the activities of:
a. reproduction of flora and fauna intentionally in a controlled environment; and
b. hatching egg and or growing kernel taken from the nature.
(2) Breeding can be conducted toward protected or not protected wild flora and fauna species.
(3) Without prejudicing the provisions as regulated in this Government Regulation, breeding of protected wild flora and fauna species shall also be committed to the prevailing provisions for preserving flora and fauna species.
(1) Wild flora and fauna species for breeding shall be obtained from natural habitat or other valid sources according to the provisions of this Government Regulation.
(2) Taking out species of wild flora and capturing wild fauna from the nature for breeding shall be further regulated by the Minister.
(1) Anybody, Legal Body, cooperative or Conservation Institution may conduct breeding of wild flora and fauna species upon the permit of the Minister.
(2) Permit of breeding as referred to paragraph (1) shall at once also represent the permit to sell the products of breeding after fulfilling certain qualification standard of breeding.
(3) Qualification Standard as referred to paragraph (2) shall be specified based on the consideration:
(4) Further provisions on qualification standard of breeding shall be regulated by the Minister.
(1) Breeding results of protected wild flora may be used for the purpose of trade.
(2) Breeding results of flora as referred to Paragraph (1) shall be expressed as not protected flora.
(3) Provision as referred to paragraph (1) and paragraph (2) shall not be applicable to the flora species as referred to Article 34.
(1) Breeding results of protected wild fauna which can be used for trade is wild fauna of the second and further generation.
(2) The second and next generation from breeding results of protected wild fauna species shall be expressed as not protected wild fauna species.
(3) Provision as referred to paragraph (1) and paragraph (2) shall not be applicable for the wild fauna species as referred to Article 34.
Breeding must take care purity of protected wild animal species until the first generation.
(1) Breeding results for crossing may only be conducted after the second generation for protected wild fauna, and after the first generation for not protected wild fauna, and after experiencing replication for protected flora.
(2) Crossing breeding result of wild fauna is prohibited to be released to the nature.
(1) Breeder is obliged to provide marks/signs and or certification for the results of wild flora and fauna to be bred.
(2) Further provisions concerning the system and procedures of labeling/designation and certification of fauna as a result of breeding shall be regulated by the Minister.
(1) Anybody, Legal Body, Cooperative, and Conservation Institution who apply for breeding activity, is obliged to fulfill the conditions:
(2) In carrying out breeding activity, breeder is obliged to:
(3) Implementation provisions as referred to paragraph (1) and paragraph (2) shall be further regulated by the Minister.
(1) Protected wild fauna obtained from the natural habitat for breeding shall be expressed as a trust fauna of the State.
(2) Provision on stipulating post breeding status and returning to the natural habitat of the state trust fauna shall be further regulated based on the Decree of the Minister.
(1) Hunting wild fauna species is conducted for sport hunting, hunting trophy, and traditional hunting by local community.
(2) Hunting activity as referred to paragraph (1) shall be regulated in a separate Government Regulation.
(1) Wild flora and fauna which can be commercialized are not protected wild flora and fauna species.
(2) Wild flora and fauna for trade shall be obtained from:
(1) Wild flora and fauna species trade may only be conducted by Business entity founded according to the Indonesia Law after obtaining recommendation from the Minister.
(2) Exempted from the provision as referred to paragraph (1), the trade in limited scale may be conducted by community staying in and around Hunting Area and around the Hunting Park as referred to the provision of law and regulation on fauna hunting.
(1) Business entity conducting wild flora and fauna species trade is obliged to:
(2) Implementation provisions as referred to paragraph (1), shall be further regulated by the Minister.
Business entity conducting wild flora and fauna trade must pay for the contribution specified according to the provisions of prevailing law and regulations.
(1) Wild flora and fauna trade shall be regulated pursuant to the scope of trade:
(2) Each wild flora and fauna trade must be provided with the valid documents.
Provision concerning domestic wild flora and fauna trade shall be further regulated based on the Decree of the Minister.
(1) Each wild flora and fauna trade for the purpose of export, re-export, or import shall be conducted on the basis of the permit of the Minister.
(2) Trade Documents for the purpose of export, re-export, and import, shall be valid if they have fulfilled the following conditions:
(3) Further provisions on trade document as referred to paragraph (2) shall be regulated based on Decree of the Minister.
(1) Wild flora and fauna for export, re-export, or import must be conducted quarantine actions.
(2) In conducting the quarantine action as referred to paragraph (1), quarantine officer is obliged to check the health of wild flora and fauna species and completion as well as conformity of the specimen with the documents.
Export, re-export, or import of wild flora and fauna species without documents or falsifying documents or deviating from the conditions of documents as referred to Article 24 paragraph (2) shall be consider as smuggling.
Displaying wild flora and fauna species may be in the form of life collection or dead collection including parts thereof and products thereof.
(1) Displaying wild flora and fauna species can be conducted by Conservation Institution and formal educational institutions.
(2) Displaying conducted by people or body other than the institutions as referred to paragraph (1) having to be with the permit of the Minister.
Acquirement and utilization of protected wild flora and fauna species for display shall be further regulated based on the Decree of the Minister.
(1) Institution, body or someone who display wild flora and fauna shall be responsible on the health and security of the displayed wild flora and fauna security.
(2) The Minister shall arrange the technical standard of wild flora and fauna health and security for display purpose.
Exchanging wild flora and fauna species is conducted with the objectives to maintain or improve population, to enrich species diversity, research and science, and or conserving the pertinent species.
(1) Exchanging protected wild flora and fauna species may only be conducted to the wild flora and fauna species which have been looked after by the Conservation Institution.
(2) Exchanging protected wild flora and fauna species may only be conducted and among Government and Conservation Institution.
(1) Exchanging as referred to Article 32 may only be conducted between fauna and fauna, or flora with flora.
(2) Exchanging shall be conducted on the basis of balance of wild flora and fauna species conservation values.
(3) Assessment for the balance conservation value as referred to paragraph (2) shall be conducted by a appraiser team in which its establishment and working administration are specified based on the Decree of the Minister.
Wild flora of Raffles Species and wild fauna of species:
may only be exchanged on the approval of the President.
Wild flora species exploitation coming from the natural habitat for medicine crops cultivation shall be conducted by remain maintaining the continuity of potency, population, supporting power, and water flora species diversity.
Provision on medicine crops cultivation shall be regulated by a separate Government Regulation.
(1) Anybody may look after wild flora and fauna species for the purpose of hobby.
(2) Wild flora and fauna for conservancy for hobby may only be conducted to the not protected species.
The Minister shall specify maximum limit of the wild flora and fauna number which can be looked after for hobby.
(1) Wild flora and fauna for conservancy for hobby shall be obtained from breeding results, legal trade, or from natural habitat.
(2) Taking out wild flora and capturing wild fauna for conservancy for hobby shall be further regulated by the Minister.
(1) Conservancy of wild flora and fauna species for hobby, is obliged to:
(2) Implementation provisions concerning the obligation as referred to paragraph (1) shall be further regulated based on the Decree of the Minister.
(1) The Government shall evaluate efficiency or capability of somebody or institution each 5 (five) years for their activities to conduct conservancy of wild fauna for hobby.
(2) For the purpose as referred to paragraph (1), preserver of wild fauna is obliged to submit periodic report of conservancy of fauna pursuant to the provisions stipulated by the Minister.
(1) Delivery or transportation of wild flora and fauna species from one habitat to other habitat in Indonesia, or from and out Indonesian region, must be provided with complete documents of delivery or transportation.
(2) The Documents shall be expressed valid, if they have fulfilled the following conditions:
(3) Delivery Permit as referred to paragraph (2) letter b is obliged to contain information on:
(1) The Government shall specify wild flora and fauna species lists which are not protected based on the classification which may and may not be traded.
(2) Stipulating classification list as referred to paragraph (1) must pay attention to:
(1) The Government shall stipulate the quota of taking out and capturing each species and number of wild flora and fauna which can be taken or caught from the nature for each period of 1 (one) year.
(2) Stipulating the quota of taking out and capturing as referred to paragraph (1) must pay attention to the population growth of wild flora and fauna at the pertinent habitat.
(3) Habitat area as referred to paragraph (2) shall be specified based on the Decree of the Minister.
The Quota of capturing as referred to Article 44 paragraph (1) shall also cover the result of hunting of wild fauna traditionally conducted by the community living surrounding the Hunting Park and in or around Hunting Area by using traditional tools.
The Quota as referred to Article 44 shall represent a guidelines to fulfill the requirements of all kinds of exploitation of wild flora and fauna species obtained from the nature.
(1) The Government shall specify the quota of each species and number of not protected wild flora and fauna for trading within period of 1 (one) year.
(2) Source of wild flora and fauna for stipulating the quota of trade as referred to paragraph (1) shall come from the quota of taking out and capturing from the nature and breeding results.
(3) The Quota of trade shall be specified on the basis of the needs of domestic trade and for the purpose of export, re-export, or import.
(1) The Government shall control the import of each wild flora and fauna species which can be entered to Indonesia.
(2) Import control as referred to paragraph (1) must pay attention to the protection effort of wild flora and fauna of the similar kind in Indonesia and the provision of international convention on import of wild flora and fauna.
Stipulating classification list, quota of taking out and capturing, and quota of trade, as regulated in this Chapter shall be conducted by the Minister after obtaining recommendation from the Scientific Authority.
(1) Whomever without permission to use the protected wild flora and or fauna for the interest as referred to Article 4 paragraph (2) shall be sentenced because he/she commit an action prohibited according to the provisions of Article 21 Law No.5/1990 on Conservation of Biological Natural Resource and Its Ecosystem.
(2) The action as referred to paragraph (1) may automatically subject to administration penalty as much as possible Rp. 50,000,000.00 (fifty million Rupiah) and or sentenced not being permitted to conduct study, research and development to the wild flora and fauna for the period at the longest of 5 (lima) years.
(3) Whomever taking out wild flora and or fauna from the natural habitat without permission or without pursuant to the provisions as referred to Article 4 paragraph (3), Article 8 paragraph (2), Article 29 and Article 39 paragraph (2) may automatically subject to administration penalty as much as possible Rp. 40,000,000.00 (forty million Rupiah) and or sentenced not being permitted to conduct activity of exploitation of wild flora and fauna.
Whomever do not fulfill the obligations as referred to Article 5 paragraph (1) may automatically subject to administration penalty as much as possible Rp. 20,000,000.00 (twenty million Rupiah) and or sentenced not being permitted to conduct study, research and development toward wild flora and fauna for the time at the longest 4 (four) years.
(1) Whomever conduct breeding wild flora and or fauna without permission as referred to Article 9 paragraph (1) may automatically subject to administration penalty as much as possible Rp. 25,000,000.00 (twenty five million Rupiah) or revocation of the breeding permit.
(2) If the action as referred to paragraph (1) is conducted to the protected flora and or fauna shall be sentenced because he/she take action prohibited according to provisions of Article 21 Law No.5/1990 on Conservation of Biological Natural Resource and Its Ecosystem.
(1) Breeder conducting trade of wild flora and or fauna without fulfilling the qualification standard as specified by the Minister as referred to Article 9 paragraph (4) shall be sentenced because of it is deemed conducting smuggling.
(2) The action as referred to paragraph (1) may automatically subject to administration penalty as much as possible Rp. 100,000,000.00 (one hundred million Rupiah) and or revocation of the breeding permit.
(1) Whomever conduct trade of wild fauna or flora before fulfilling the category as referred to Article 10 paragraph (1) or Article 11 paragraph (1) or do not fulfill the obligations as referred to Article 12 shall be sentenced because of conducting an action prohibited according to the provisions of Article 21 Law No.5/1990 on Conservation of Biological Natural Resource and Its Ecosystem.
(2) The action as referred to paragraph (1) may automatically subject to administration penalty as much as possible Rp. 100,000,000.00 (one hundred million Rupiah) and or revocation of the business permit.
A Breeder who could not meet the obligations as referred to Article 14 or Article 15 paragraph (2) may automatically subject to administration penalty as much as possible Rp. 10,000,000.00 (ten million Rupiah) and or revocation of the breeding permit.
(1) Whomever conduct trade of protected wild fauna shall be sentenced because conducting a deed prohibited according to provisions of Article 21 Law No.5/1990 on Conservation of Biological Natural Resource and Its Ecosystem.
(2) The action as referred to paragraph (1) may automatically subject to administration penalty as much as possible Rp. 100,000,000.00 (one hundred million Rupiah) and or revocation of the pertinent business permit.
Whomever conduct wild flora and fauna trade other than the Business entity and community as referred to Article 19 shall be sentenced because of conducting smuggling.
(1) Trade business entity that could not fulfill the obligations as referred to Article 20 paragraph (1) letter a may automatically subject to administration penalty as much as possible Rp. 10,000,000.00 (ten million Rupiah) and or freezing business activity at the longest 2 (two) years.
(2) Trade business entity that could not fulfill the obligations as referred to Article 20 paragraph (1) letter b may automatically subject to freezing business activity at the longest 1 (one) year.
(3) Trade business entity that could not fulfill the obligations as referred to Article 20 paragraph (1) letter c may automatically subject to administration penalty as much as possible Rp. 10,000,000.00 (ten million Rupiah) and or freezing business activity at the longest 2 (two) years.
(4) The action as referred to paragraph (1), paragraph (2), and paragraph (3) at any times on the Ministers consideration, may subject to revocation of the business permit.
(1) Export, re-export, or import of wild flora and or fauna without permission as referred to Article 24 paragraph (1), or without documents, or falsifying documents, or deviating from the document requirements as referred to Article 26 shall be sentenced because of conducting smuggling.
(2) The action as referred to paragraph (1) may automatically subject to administration penalty as much as possible Rp. 250,000,000.00 (two hundred fifty million Rupiah) and or revocation of the pertinent commercial business permit.
(1) Whomever conducting display of wild fauna without permission as referred to Article 28 paragraph (2) shall be sentenced because of he/she has tried to conduct an effort of damaging environment.
(2) If the action as mentioned in paragraph (1) is conducted to the protected wild fauna, shall be sentenced because conducting an action prohibited according to provisions of Article 21 Law No.5/1990 on Conservation of Biological Natural Resource and Its Ecosystem.
(1) Whomever conduct exchanging wild flora and fauna deviating from the provisions as referred to Article 32 shall be sentenced because of conducting an action prohibited according to the provisions of Article 21 Law No.5/1990 on Conservation of Biological Natural Resource and Its Ecosystem.
(2) The action as referred to paragraph (1) may automatically subject to administration penalty as much as possible Rp. 200,000,000.00 (two hundred million Rupiah) and or revocation of the pertinent business permit.
Conservancy of wild flora and fauna for hobby that does not meet the obligations as referred to Article 40 and Article 41 paragraph (2) may automatically subject to administration penalty as much as possible Rp. 5.000.000,00 (five millions Rupiah) and or taking by force for the fauna that is looked after.
(1) Whomever conducting deliver or transportation of wild flora and or fauna without documents of delivery or transportation, or deviating from the requirements or do not meet the obligations, or falsifying documents as referred to Article 42 paragraph (1), paragraph (2), and paragraph (3) shall be sentenced because he/she has participated and committed smuggling and or stealing and or trying to damage environment.
(2) The action as referred to paragraph (1) may automatically subject to administration penalty as much as possible Rp. 250,000,000.00 (two hundred fifty million Rupiah) and or revocation of the pertinent business permit.
(1) Violations as meant in article 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, and 63, as long as concerning the protected wild flora and fauna, then the wild flora and fauna shall be confiscated for the state as meant in article 24 Law No.5/1990.
(2) Violations as meant in article 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, and 63, as long as concerning not protected wild flora and fauna, then the wild flora and fauna shall be treated the same as the protected one and confiscated for the state.
Pursuant to the Government Regulation:
(1) Management Authority as meant in article 65 letter a has the authorities as regulated in this Government Regulation.
(2) Scientific Authority as referred to article 65 letter b has the authorities to:
The Principal of all activities in the frame of species exploitation as regulated in this Government Regulation, shall be responsible on the action of wild fauna or negligence of the principal to place Hazardous flora causing loss of good properties of other parties, resulting health trouble, injury or death.
By the issuance of this Government Regulation, then all implementation regulations of law and regulations regulating on exploitation of wild flora and fauna species which have been existed before the issuance of this Government Regulation shall be expressed remain be effective as long as they are not interfere or have not yet been revoked or changed by pursuant to this Government Regulation.
This Government Regulation shall come into force on the enactment date. For public cognizance, to instruct enactment of this Government Regulation by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
On January 27, 1999
PRESIDENT OF THE REPUBLIC OF INDONESIA
Signed
BACHARUDIN JUSUF HABIBIE
Promulgated in Jakarta
On January 27, 1999
STATE MINISTER OF STATE SECRETARY OF THE REPUBLIC OF INDONESIA,
Signed
AKBAR TANJUNG
ELUCIDATION
of
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 8/1999
ON
WILD FLORA AND FAUNA EXPLOITATION